MINUTES
OF THE
REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
MAY 16, 2005
7:30 P.M.


Regular Meeting of the Lakewood City Council called to order at 7:36 P.M. by President Seelie.
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Present: Councilmembers Patrick S. Corrigan, Ryan Patrick Demro, Michael W. Dever, Denis P. Dunn, Edward FitzGerald, Mary Louise Madigan, Robert M. Seelie.


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Also Present: Law Director Corrigan, Assistant Law Director Tom Corrigan, Finance Director Nogalo, Police Chief Malley, Fire Representative, Public Works Representative Ed Starcovic, Planning & Development Director Jordan, Building Representative Fitzgerald, Human Services Director Buckon, Executive Assistant Novak;

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Reading and disposal of the Minutes of the Regular Meeting of Council held May 2, 2005.

Motion by Mr. Seelie, seconded by Mr. Dever, to approve the minutes without the necessity of a reading.

Motion adopted. All members voting yea.
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Without objection from Council, Items 31, 32, 34, 35, 38, 39, 42, 43, 40 and 41 were read first in the agenda order.

****OLD BUSINESS****

1. Committee of the Whole Report regarding Permit Fees. (Pg. 9)

Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file the report.
Motion adopted. All members voting yea.
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2. ORDINANCE NO. 29-05 – An Ordinance to amend Chapter 1309, Permit Fees, of the Codified Ordinances of the City of Lakewood for the purpose of changing certain fees by the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE & THE PLANNING COMMISSION 4/18/05, 2nd READING 5/2/05). (Pg. 11)

Mr. Corrigan indicated he received calls from some property owners in Lakewood who owned doubles or apartment units who expressed discontent over the increase. In the inspection fee to $75.00 from the $27.50 rate. He said that they indicated they wanted the inspection they were paying for.

Mr. Seelie indicated that the funds received does not fully cover the cost of all the inspectors. He said the Administration has pledged to reach that goal of every three years. He indicated that there was an awareness that the Building Department was doing a good job and that they were under-staffed.

Mr. Fitzgerald said he wanted to make clear the marketing program section of the communication. He said this was from conversations of about a year and a half ago where the idea was not to just punish landlords that are not fulfilling duties but that there also be some type of system where responsible landlords and property owners are recognized. He said the City wanted to encourage the concept of a renter renting from a reputable landlord who was maintaining property to a very high standard. He said that in talks with people form the Chamber of Commerce he learned that they were encouraged with their talks with Planning & Development Director Jordan that something would be put into practice this year.

Mr. Jordan indicated that some of the funds would be used to market vacancies in a cost effective way on a website.

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Ordinance No. 29-05.

Motion adopted. All members voting yea.
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3. ORDINANCE NO. 30-05 – An Ordinance to amend Section 1306.44, License Application Form and Fee, of the Codified Ordnances of the City of Lakewood for the purpose of changing certain fees charged by the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE & THE PLANNING COMMISSION 4/18/05, 2nd READING 5/2/05)(Pg. 14)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 31-05.

Motion adopted. All members voting yea.
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4. ORDINANCE NO. 31-05 – An Ordinance to amend Section 1325.09, Permit Fees, of the Codified Ordinances of the City of Lakewood for the purpose of changing certain fees charged by the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE & THE PLANNING COMMISSION 4/18/05, 2ND READING 5/2/05) (Pg. 15)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 31-05.

Motion adopted. All members voting yea.
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5. ORDINANCE NO. 32-05 – An Ordinance to amend Section 1173.06, Fees, of the Codified Ordinances of the City of Lakewood for the purpose of changing certain fees charged by the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE & THE PLANNING COMMISSION 4/18/05, 2ND READING 5/2/05) (Pg. 16)

Motion by Mr. Seelie, seconded by Mr. Dever, to defer action on this item.

Motion adopted. All members voting yea.
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6. Rules & Ordinances Committee Report regarding Ordinances Nos. 25-05, 26-05, 27-05, 28-05. (Pg. 18)

Motion by Mr. Dunn, seconded by Mr. Demro, to receive and file the report.

Motion adopted. All members voting yea.
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7. ORDINANCE NO. 25-05 – An Ordinance to repeal Chapter 713, Billiards Rooms and Bowling Alleys, of the Codified Ordinances of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 4/18/05, 2ND READING 5/2/05).(Pg. 19)

Motion by Mr. Dunn, seconded by Mr. Demro, to adopt Ordinance No. 25-05.

Motion adopted. All members voting yea.
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8. ORDINANCE NO. 26-05 – An Ordinance to repeal Chapter 729, Gas and Oil Wells, of the Codified Ordinances of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 4/18/05, 2ND READING 5/2/05). (Pg. 21)

Motion by Mr. Dunn, seconded by Mr. Demro, to adopt Ordinance No. 26-05.

Motion adopted. All members voting yea.
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9. ORDINANCE NO. 27-05 – An Ordinance to repeal Chapter 1317, Motion Pictures and Films, of the Codified Ordinances of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 4/18/05, 2ND READING 5/2/05). (Pg. 24)

Motion by Mr. Dunn, seconded by Mr. Demro, to adopt Ordinance No. 27-05.

Motion adopted. All members voting yea.


10. ORDINANCE NO. 28-05 – An Ordinance to repeal Chapter 753, Fire and Going Out of Business Sales, of the Codified Ordnances of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 4/18/05, 2nd READING 5/2/05). (Pg. 25)

Motion by Mr. Dunn, seconded by Mr. Demro, to adopt Ordinance No. 28-05.
Motion adopted. All members voting yea.
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11. Rules & Ordinances Committee Report regarding Ordinance No. 69-04 – Good Neighbor Law. (Pg. 28)

Former Councilmember Pamela Smith indicated nuisance problems are quality of life issues. She indicated support of the legislation.

Motion by Mr. Dunn, seconded by Mr. Demro, to receive and file the report.
Motion adopted. All members voting yea.
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12. ORDINANCE NO. 69-04 – An Ordinance amending the Lakewood Codified Ordinances to add new Section __________ relative to the abatement of criminal activity nuisances and the collection of costs to the Police Department of responding to such nuisances, and declaring an emergency. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 6/21/04, PLACED ON 2ND READING 7/6/04.). (Pg. 29)

Motion by Mr. Dunn, seconded by Mr. Seelie, to adopt Ordinance No. 69-04.
Motion adopted. All members voting yea.
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13. Finance Committee Verbal Report regarding Bond Anticipation Note Ordinances.

Mr. FitzGerald submitted the following report:

The Finance Committee met this evening and considered proposed Ordinances 33-05 through 45-05. These are basically the bond portion of what we considered and deliberated about during the budget process. This is the portion of our fiscal process where we approve the bond anticipation notes; they’ve already been on two readings, there aren’t any significant additions or deletions that have been made to these as compared to how we deliberated about them during the budget process. There is going to be a substitute amendment on Proposed Ordinance 43-05 and the addition has to do with some legal language that was added at the request of legal counsel for the City. I can give a more in-depth explanation about the purpose of that but basically I can tell you that it has to do with obligating the City to repay the loans without exclusively using water funds which is an additional insurance that the bonds will be made which our legal counsel felt was appropriate under the circumstances. The Committee unanimously suggested that we adopt these, they’re on third reading, this evening.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to receive and file the communication.

Motion adopted. Six members voting yea.
Mr. Demro absent for vote.
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{The following note ordinances were published in their entirety April 18, 2005, and are now published by first page only. The complete ordinances as originally published can be reviewed in the Clerk of Council Office during regular business hours).
14. ORDINANCE NO. 33-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $100,000 Sidewalk Improvement Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of reconstructing sidewalks and drive aprons as necessary. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/18/05, 2ND READING 5/2/05) (Pg. 34)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 33-05.
Motion adopted. Six members voting yea.
Mr. Demro absent for vote.
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15. ORDINANCE NO. 34-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $1,450,000 Street Improvement Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving streets by replacement of the concrete base and asphalt overly, including replacement of curbs and aprons as required, together with all necessary appurtenances thereto. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/18/05, 2ND READING 5/2/05) (Pg. 34)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 35-05.
Motion adopted. Six members voting yea.
Mr. Demro absent for vote.
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16. ORDINANCE NO. 35-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $90,000 Traffic Signalization Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving streets by improving traffic signalization. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/18/05, 2ND READING 5/2/05) (Pg. 35)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 35-05.

Motion adopted. Six members voting yea.
Mr. Demro absent for vote.
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17. ORDINANCE NO. 36-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $20,000 Street Signs Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving streets by installing street name signs. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/18/05, 2nd READING 5/2/05) (Pg. 35)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 36-05.
Motion adopted. Six members voting yea.
Mr. Demro absent for vote.
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18. ORDINANCE NO. 37-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $1,410,000 Motorized Equipment Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of acquiring motorized equipment and appurtenances thereto. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/18/05, 2nd READING 5/2/05) (Pg. 36)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 37-5.
Motion adopted. Six members voting yea.
Mr. Demro absent for vote.
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19. ORDINANCE NO. 38-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $685,000 Computer Equipment Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of acquiring computers and systems therefor for municipal purposes. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/18/05, 2ND READING 5/2/05) (Pg. 36)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 38-05.
Motion adopted. All members voting yea.
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20. ORDINANCE NO. 39-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $635,000 Municipal Building Improvement Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of renovating municipal buildings. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/18/05, 2ND READING 5/2/05) (Pg. 37)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 39-05.
Motion adopted. All members voting yea.
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21. ORDINANCE NO. 40-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $330,000 Park Improvement Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving park facilities and sites. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/18/05, 2Nd READING 5/2/05) (Pg. 37)

Mr. FitzGerald stated that there had been previous discussions at Council Committee meetings about whether or not the lakefront improvements were going to be started this year. He said there was an article in the paper regarding this and that the Committee did receive an assurance form the Administration that there were enough funds that were being let out for bonds to allow some portions of the project to be completed this year and that other ones can be started.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adpt Ordinance No. 40-05.
Motion adopted. All members voting yea.
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22. ORDINANCE NO. 41-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $50,000 Tree Planting Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving streets and municipal properties by clearing, trimming and planting trees. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/18/05, 2ND READING 5/2/05) (Pg. 38).

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 41-05.
Motion adopted. All members voting yea.
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23. ORDINANCE NO. 42-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $127,000 Pool Improvement Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving Foster Pool and Madison Pool. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/18/05, 2Nd READING 5/2/05) (Pg. 38).

A resident stated that $50,000 for a boiler was a large some of money, asked that more accountability from the Board of Education be sought because the City did everything for the pool.

Mr. Nogalo indicated bids would go out for costs of a boiler and that this was a not-to-exceed amount.

A resident asked that the money be more explicit.

Council President said that this was spelled out as a result of non-compliance rulings in the past. He stated that a Trust but Verity policy was put in place and that there was documentation that specifies each item.

Motion by Mr. FitzGerald, seconded by Ms. Madigan, to adopt Ordinance No. 42-05.
Motion adopted. All members voting yea.
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24. ORDINANCE NO. 43-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $4,840,000 Waterline Improvement General Obligation Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving waterlines. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/18/05, 2ND READING 5/2/05) (Pg. 39)

Motion by Mr. FitzGerald, seconded by Mr. Demro, to substitute Ordinance No. 43-05.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan. Seelie
Nays: None
Motion adopted. Ordinance No. 43-05 is substituted.

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Oridnance No. 43-05.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie.
Motion adoted. Ordinances No. 43-05 adopted as substituted.
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25. ORDINANCE NO. 44-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $1,300,000 Wastewater Treatment Plant Improvement Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving the City’s wastewater treatment plant. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/18/05, 2ND READING 5/2/05) (Pg. 39)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 44-05.
Motion adopted. All members voting yea.
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26. ORDINANCE NO. 45-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $4,700,000 Sewer Improvement Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving storm and sanitary sewers. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/18/05, 2ND READING 5/2/05) (Pg. 40)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 45-04.
Motion adopted. All members voting yea.
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27. Finance Committee Verbal Report regarding City Auction.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to receive and file the report.
Motion adopted. All members voting yea.
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28. ORDINANCE NO. 47-05 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Finance to sell, through public auctions, various obsolete, surplus and non-functioning City vehicles, materials and/or equipment. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/18/05, 2ND READING 5/2/05). (Pg. 41)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 47-05.
Motion adopted. All members voting yea.
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29. Public Works Committee Verbal Report regarding Backhoe trade-in.

Motion by Mr. Dever, seconded by Mr. Seelie, to receive and file the communication.
Motion adopted. All members voting yea.
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30. RESOLUTION NO. 7985-05 – AN EMERGENCY RESOLUTION authorizing and directing the Director of Finance to sell, through trade-in, one (1) backhoe in conjunction with the purchase of a 2005 Model 3106 Loader Extend hoe Backhoe. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 4/18/05, 2nd READING 5/2/05).(Pg. 42)

Motion by Mr. Dever, seconded by Mr. Seelie, to adopt Resolution No. 7985-05.
Motion adopted. All members voting yea.
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31. Communication from Mayor George regarding Commendation of Division of Fire Paramedic. (DEFERRED 5/2/05) (Pg. 43)

Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file the communication.
Motion adopted. All members voting yea.
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32. RESOLUTION NO. 7991-05 – A RESOLUTION authorizing the Mayor as Director of Public Safety, on behalf of the City, to commend Paramedic Scott Russell for providing timely emergency medical assistance while off-duty. (DEFERRED 5/2/05) (Pg. 44)

Motion by Mr. Seelie, seconded by Ms. Madigan, to adopt Resolution No. 7991-05.
Motion adopted. All members voting yea.
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33. Liquor Permit Application for a new D1 permit class to El Tango Taqueria 14224 Madison Avenue, Lakewood, OH 44107. (DEFERRED 5/2/05) (Pg. 45)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to file no objection.
Motion adopted. All members voting yea.

****NEW BUSINESS****

34. Communication from Councilmember Dunn regarding Mental Health Month (Pg. 46)

Chief Executive Officer of Cuyahoga County Community Health Board, William Denihan received the resolution and thanked Councilmembers for bringing Mental Health recovery issues to public awareness.

Motion by Mr. Dunn, seconded by Mr. Dever, to receive and file his communication.
Motion adopted. All members voting yea.
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35. RESOLUTION NO. 7993-05 – A RESOLUTION recognizing May as Mental Health Awareness Month. (Pg. 47)

Motion by Mr. Dunn, seconded by Mr. Seelie, to adopt Resolution No. 7993-05.
Motion adopted. All members voting yea.
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36. Communication from Finance Director Nogalo regarding “In House” Income Tax Collections. (Pg. 48)

Mr. Dunn indicated that at this point he was not in favor of the proposal. He stated the Administration had highlighted a series of management errors and wrong decisions that RITA has made in purchasing software that which has increased the expense and burden on the operation of regional income tax is collected. He said he did not have a sense of confidence that if the operation was brought in-house that the City’s management or software packages would be immune from what RITA has experienced. He said the second reason he was not on board was that it ran contrary to what he believed the City needed to go as a region, that that was more toward regionalism. He said that right now with the City having more than 80% of its General Fund balance dedicated to salary and benefits for employees; the thought of bring income tax in-house, necessitating hiring and employing more employees and increasing the burden on the General Fund balance is wrong headed. He said it additionally runs contrary to the economies of scale. He said that he believed RITA recognized certain efficiencies that the City wouldn’t recognize by bringing it in-house because they cover a larger span. He identified RITA’s executive director Rick Carbone and stated that most importantly he and the Board of Directors have recognized that they need to right the way they were going. He said that it was important the City of Lakewood engage RITA, directly deal with Mr. Carbone, let him know what the frustrations are and where the City wants to see the process of income tax collection be improved. He said to give Mr. Carbone a chance to be responsive to the community of Lakewood, to increase the efficiencies and enhance our revenue. He said that after he is given a chance and proven not to be effective, then he would consider the proposal to be timely. He said that until then he would not support this and that he would be voting no that night.

Mr. Demro stated that as he suggested during the Committee of the Whole Meeting, he didn’t feel adequately prepared as a Member of Council at this point to vote either in favor or against the legislation. He said that what has been seen in the past months has been a battle of numbers between the City’s Finance Department and RITA’s numbers. He said it does defy the principles of economy of scale to pull out of RITA. He said the reason he was voting no was that this was a management decision and that Council was not charged with managing the day to day operations of the City. He said that he believed that if the Mayor, the Finance Director or Ms. Chittock believe it’s in the best interest of the City to pull out of RITA that they should be fully empowered as executives of the City to do that. He said it was not his role to say whether or not they could do that. He said that he believed the Resolution was inappropriate for him to consider as a Member of Council and would be voting no.
Mr. Seelie said that this was going to first reading and that there was no decision on this. He said the only decision now was to put it into the Committee of the Whole for further discussion. He said it was under Council’s authority to allocate money to hire people, machinery and software should it decide to do this. He said that it did seem to fly in the face of economy of scale principles but with technology today there were some things that could be done like home businesses that could not be done before. He said that through technology, there was a good possibility the City could bring this in-house and that it would be if the savings were clear and correct would be a disservice if the City didn’t do it. He said that in 1997, there was a test to bring an individual into the Tax Department and whatever the individual costs; if the individual didn’t make at least their salary, then the test has failed, the City shouldn’t do it. He said an individual was brought in and in the first year, one individual, just on delinquent taxes, collected $316,000 extra in delinquent income tax. He stated that every year thereafter there has been in the delinquent tax collections about $316,000 extra a year. He said he thought that was a pretty good test.

Mr. Seelie stated that Mr. Dunn had a good question and this was why not give RITA a chance. He said this was legitimate and he didn’t know what the answer was but that he said one could also say, why not give City’s employees a chance. He said he didn’t know if this was the answer but that he was willing to explore the issue further. He said he would like to be involved in the decision making from the beginning in that later the Council would be involved in appropriating money regarding the issue eventually.

Ms. Madigan stated that she tended to agree with Mr. Dunn at this time but that she still had questions, that Ms. Chittock has been very helpful but that they still had things to review. She said that she was willing it go back to the Committee of the Whole.

Mr. FitzGerald indicated that a yes vote would send the issue back to the Committee of the Whole and not shut off debate. He said that Mr. Demro made an interesting point as to whether Council should be voting on something like this. He said he would like to get a legal opinion on this but couldn’t imagine that if there was a switch made on bringing income tax collections in-house that it wouldn’t require some type of Council action. He said he didn’t know if it would mean whether to authorize it initially or to come up with funds to make it a viable department once it was brought in-house. He said that whether it was always more efficient to have economies of scale with larger government entities was true sometimes but that sometimes it was not true. He said sometimes government that was local was more efficient, closer to the people. He asked if County government was necessarily more efficient than local government. He said some of those who have worked on County government may say no. He said that State and Federal government had even greater economies of scale and asked if they were always more efficient. He said ultimately the U.N. would be considered the greatest in the example and wouldn’t know if it would be considered more efficient. He said he did not think there was a simple formula that could be used. He said that he would like what Mr. Seelie inferred, a type of sunset provision where the issue would be reviewed, seeing if it worked and looking at the idea of what would happen if it didn’t work. He said he asked the question early on if the City could go back to the RITA system if it ended up not working and the answer was yes. He said this should be reviewed further in the Committee of the Whole, that a sunset provision should be put in place so that if it is adopted, the City doesn’t end up with additional employees in a system that proves inefficient.

Mr. Dunn asked for clarification on how many readings would be required for the legislation as it was a Resolution and not an Ordinance. He asked if it would be operative upon one reading. Mr. Seelie clarified that the vote that night was to refer it to Committee and not to propose adoption. Mr. Dunn indicated he would support sending the legislation to Committee. He said it requires further study. He said that he would request that Mr. Carbone or a designee have an opportunity to attend all future Committee of the Whole meetings regarding the matter. He said that he knew he had many questions of Mr. Carbone as well as the Administration on the matter.

Mr. Dunn addressed the economies of scale reference stating that it could be taken to and entity and that where it fails is when that entity, whatever size, is no longer accountable. He said there was lack of accountability in municipal government and lack of accountability in the United Nations. He said the goal was to find the proper fit and that he thought the move towards regionalism but pre-supposes any governmental agency, will be accountable.

Mr. Seelie indicated that the Resolution did not appear to be binding, that the Administration may not need Council’s approval but because it was such a significant change, it would hold the Mayor, Council, Administration and Lakewood employees much more accountable to do the best job they can because people will be knowing where their money is going. He said he also thought there was a personal touch element involved. He said he didn’t’ know if a larger agency had the ability to provide that type of one on one service.

Motion by Mr. Seelie, seconded by Ms. Madigan, to receive, file and refer this communication to the Committee of the Whole.

Motion adopted. All members voting yea.
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37. RESOLUTION NO. 7994-05 – A RESOLUTION authorizing the Mayor to inform the Regional Income Tax Agency (RITA) of the intention of the City of Lakewood to terminate agreement to have RITA act as agent for the City of Lakewood to administer and enforce municipal income tax provisions of the City of Lakewood. (Pg. 50)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive, file and refer Resolution No. 7994-05 to the Committee of the Whole.

Motion adopted. All members voting yea.
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38. Communication from Mayor George regarding United States Army Week. (Pg. 51)

Motion by Mr. Seelie, seconded by Mr. Demro, to receive and file the communication.
Motion adopted. All members voting yea.
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39. RESOLUTION NO. 7995-05 – A RESOLUTION proclaiming the week of June 13th through June 19, 2005 as United States Army Week in Lakewood. (Pg. 52)

Motion by Mr. Seelie, seconded by Mr. Corrrigan, to adopt Resolution No. 7995-05.
Motion adopted. All members voting yea.
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40. Communication from Mayor George and Heritage Advisory Board Chairman Sicha regarding 2005 City of Lakewood Preservation Awards Program. (Pg. 53)

Heritage Advisory Board Chair Sicha makes presentation and provides 2005 Heritage awards to recipients.

Motion by Mr. Seelie, seconded by Ms. Madigan, to receive and file the communication.

Motion adopted. All members voting yea.
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41. RESOLUTION NO. 7996-05 – A RESOLUTION recognizing that the month of May 2005 has been designated as National Preservation Month and acknowledging the 2005 Preservation Award winners within the City of Lakewood. (Pg. 54)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7996-05.
Motion adopted. All members voting yea.
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42. Communication from Human Services Director Buckon regarding Resolution to Acknowledge the Lakewood Initiative for Financial Education. (Pg. 55)

Representative spoke and presented a recognition plaque for the City of Lakewood for efforts in .

Motion by Mr. Seelie, seconded by Ms. Madigan, to receive and file the communication.
Motion adopted. All members voting yea.
… .

43. RESOLUTION NO. 7997-05 – A RESOLUTION acknowledging the efforts of the Lakewood Initiative for Financial Education (LIFE) partners and volunteers to increase financial literacy and Earned Income Tax Credit filing among Lakewood Residents. (Pg. 56)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution No. 7997-05.
Motion adopted. All members voting yea.
… .

44. Communication from Mayor George regarding Issue 2 Renewal. (Pg. 57)

Motion by Mr. Dever, seconded by Mr. Corrigan, to receive and file the communication.
Motion adopted. All members voting yea.
… .

45. RESOLUTION NO. 7998-05 – A RESOLUTION in support of the renewal of the State Capital Improvement Program (Issue 2). (Pg. 58)

Motion by Mr. Dever, seconded by Mr. Seelie, to adopt Resolution No. 7998-05.
Motion adopted. All members voting yea.
… .

46. Communication from Planning & Development Director Jordan regarding Rosewood Place Development. (Pg. 59)

Motion by Mr. Seelie, seconded by Mr. Demro, to receive, file and refer the communication to the Committee of the Whole.
Motion adopted. All members voting yea.
… .

47. ORDINANCE NO. 49-05 – AN EMERGENCY ORDINANCE IMPLEMENTING SECTIONS 3735.65 THROUGH 3735.70 OF THE REVISED CODE, ESTABLISHING AND DESCRIBING THE BOUNDARIES OF A COMMUNITY REINVESTMENT AREA IN THE CITY OF LAKEWOOD, AND DECLARING AN EMERGENCY. (Pg. 60)

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 49-05 on 1st Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
… .

48. ORDINANCE NO. 50-05 – AN ORDINANCE authorizing the Mayor or his designee to enter into an agreement with North Coast Capital Partners LLC for participation in the Lakewood Business Investment Program (BIP) of the Economic Development Fund (EDF) for a five (5) year forgivable loan in an amount of Two Hundred Thousand Dollars ($200,000). (Pg. 64)

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 50-05 on 1st Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
… .

49. Communication from Planning and Development Director Jordan regarding EDF Support for Cornucopia, Inc. (Pg. 66).

Motion by Mr. Seelie, seconded by Mr. Demro, to receive, file and refer the communication to the Committee of the Whole.

Mr. Corrigan requested and Ms. Madigan concurred that consideration be given to the air conditioning noise from the Bin while reviewing the agreement.

Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
… .

50. ORDINANCE NO. 51-05 – AN ORDINANCE authorizing the Mayor or his designee to enter into an agreement with Cornucopia, Inc. for participation in the Lakewood Business Investment Program (BIP) of the Economic Development Fund (EDF) for a five (5) year forgivable loan in an amount of Seventy Five Thousand Dollars ($75,000.00). (Pg. 67)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Ordinance No. 51-05 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
… .
51. Communication from Law Director Corrigan regarding Rezoning Hayes Elementary School. (Pg. 69)

Motion by Mr. Seelie, seconded by Mr. Demro, to receive and file the communication.
Motion adopted. All members voting yea.
… .

52. ORDINANCE NO. 52-05 – AN ORDINANCE to amend Section 1105.02 – Districts Established, Maps - of the Zoning Code of the Codified Ordinances of the City of Lakewood by changing and revising the Zoning Map of the City with respect to certain property as hereinafter set forth and described as 16401 Delaware Avenue, Hayes Elementary School, PP# 313-15-017. (Pg. 70)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Oridnance No. 52-05 on 1st Reading.

Motion adopted. All members voting yea.
… .

53. Communication from Finance Director Nogalo regarding Memberships for 2005. (Pg. 71)

Motion by Mr. Seelie, seconded by Mr. Demro, to receive and file the communication.

Motion adopted. All members voting yea.
… .

54. RESOLUTION NO. 7944-04A – AN EMERGENCY RESOLUTION amending Resolution No. 7944-04, adopted January 18, 2005 for the purpose of authorizing the Director of Finance to pay the cost of an additional membership (International Code Council) of municipal employees and/or Departments and Divisions in certain associations for the year 2005, deleting one membership (Building Officials & Code Admin. International, Inc.), and declaring such memberships to be in the public interest. (Pg. 72)

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Resolution No. 7944-04A.
Motion adopted. All members voting yea.
… .
Motion by Mr. Seelie, seconded by Mr. Demro, to adjourn the meeting.
Motion adopted. All members voting yea.
Meeting adjourned 9:47 PM